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If the mediation agreement can clarify your rights and interests, you can cremate first and then perform the agreement, there is no contradiction, the key is to be able to ensure the performance of the agreement.
Zongheng Legal Network-Jiangsu Xinlida Law Firm-Xu Guangming lawyer.
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Yes, the cremation certificate provided by the deceased party is a requirement of the insurance company's claim process, so the responsible party will require the deceased party to provide it.
Materials required for the claim of the death accident insurance company: traffic accident certificate, household register, death certificate, cremation certificate, identity certificate of close relatives, etc.
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Mediation refers to the method whereby two or more parties voluntarily negotiate on the substantive rights and obligations of the dispute under the auspices of the people's courts, people's mediation committees and relevant organizations, and facilitate the parties to reach an agreement and resolve the dispute through education and guidance. According to the relevant provisions of the traffic accident handling procedures, if a traffic accident mediation is involved, all parties or ** must be present, unless a party has entrusted ** person before mediation, and the representative of ** person is present to deal with it. If either party does not show up without reason, the traffic police will not mediate or the traffic police will make another appointment.
If the parties are not present, mediation cannot be done in principle, but if the parties negotiate in the first way, it is agreed in advance, and the mediation agreement is directly signed. After the traffic management department of the public security organ accepts the mediation application of the parties, it shall mediate the traffic accident in accordance with the legal procedures. Clause.
1. The time and place of mediation shall be agreed upon with the parties, and the parties shall be notified 3 days before the mediation time. Clause.
2. Notify the relevant personnel to conduct mediation. The notice is generally in written form, and if it is in oral form, it should be included in the mediation record. Clause.
3. Mediation must be conducted within the statutory time limit. The time limit for the traffic management department of the public security organ to mediate the dispute over compensation for traffic accident damages is 10 days.
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I am a lawyer, and as you mentioned, both parties agreed to mediate, and the traffic police organized mediation.
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Hello! The accident certificate issued by the traffic accident handling department should also have the statement of your relative's death, so it is enough to have an accident certificate, of course, having a cremation certificate or death certificate will make the evidence chain more complete.
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No, this is China's national condition, and mediation must be carried out first, and only after mediation is ineffective can it enter the judicial process. However, what you said is not to mediate with the traffic police, that is also easy to do, when the traffic police come to mediate, you can directly refuse to accept the mediation request, which will also directly enter the judicial process.
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The traffic police will generally mediate, but mediation is to seek the consent of both parties, if you do not agree to mediation, then the traffic police should not mediate, you can go directly to the court to sue.
Lawyer Bi Huabao.
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If both parties request the traffic police to mediate within 10 days, the traffic police will mediate, or they can directly go to court to sue.
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There is no provision that traffic accidents must be mediated. The lawsuit can be filed directly in court.
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It can be sued directly.
Lawyer Xu Taoming.
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You don't want the traffic police to mediate, and if the mediation fails, you can sue the court.
Lawyer Zhu Yiping.
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You can directly contact the other party, and the two parties can negotiate a settlement, or you can apply to the traffic police brigade for the relevant staff to come forward to organize mediation.
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After the traffic accident mediation, it is necessary to go to the traffic police brigade to close the case. To go to the traffic police to close the case is to go to both parties, report the content of the agreement between you to the traffic police, and the traffic police should record the content in the accident handling report, and then both parties sign to complete.
1. If the two parties reach a civil compensation agreement, then you can go to the traffic police to close the case.
2. Go to the traffic police to close the case to both parties, report the content of the agreement between you to the traffic police, and the traffic police should record the content in the accident handling report, and then both parties will sign it to complete.
3. To go to the insurance company to handle insurance claims, it is necessary to determine the accident responsibility of the traffic police and the accident handling report, and the mediation of civil compensation is also included. Add the expense receipts and receipts in your hand, the vehicle license and the driver's license copy, and you can go to the insurance company to handle the claim.
Jurisprudently speaking, closing a case, as the name suggests, is to make the final disposition of the case and bring it to an end. Then, whether the payment of the fine by the party can be regarded as "closing the case", and the case can only be closed when the administrative penalty decision is executed. The so-called completion of the implementation of the administrative punishment decision refers to the full performance of the "Administrative Punishment Decision" by the parties.
Then full performance should mean that the parties consciously perform the administrative penalty decision, and do not file an administrative reconsideration or administrative lawsuit within the time limit prescribed by law, so that it can be proved that the party has fully performed the administrative penalty decision, and then the case can be considered to be over.
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Hello, I am a lawyer at LegalPro and I am happy to serve you! If you are comfortable with it, you can describe in detail what the legal dispute you are encountering so that I can provide you with appropriate advice and advice. There are so many people in the consultation, so please wait a minute
Questions. Hello.
Generally, you need to sign it.
Questions. My husband drove into an old woman.
Then the old woman was hospitalized for 20 days, and the hospital medicine cost 11,000
Did the traffic police issue a letter of responsibility?
Questions. Now that we have been discharged from the hospital, we are fully responsible.
Let's go get the certificate tomorrow.
Tomorrow we will go to get the certificate, what will we do?
If there is no objection to the determination of responsibility, it is sufficient to sign and confirm.
It would then be sufficient to compensate the victim.
If you have insurance, you can apply for insurance claims.
If you think that the responsibility of the traffic police is inconsistent with what happened to you or you think that the division of responsibility is incorrect, you can apply to the corresponding traffic police team for administrative review within 3 days of receiving the responsibility determination. Because the statute of limitations for the determination of traffic accident liability is only 3 days, that is, if you forget it, you will not be able to appeal after three days. In addition, it is best for you to take the time to go to the traffic police team and ask to see the accident scene is monitoring**, to see if the traffic police are judging the scene of the scene and the actual situation is not deviated.
If there is a difference between the result of the determination of responsibility and the monitoring you see, you can directly file an application for reconsideration on the spot.
I hope my reply is helpful to you. Thank you for your consultation and have a great day! If you are satisfied with my reply, I hope you can follow me and give me a like in the future, your encouragement is the motivation for my reply
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1. The identity of the party involved in the accident, such as household registration book, ID card or unit certificate.
2. If it is a vehicle during the accident, the insurance policy.
3. Materials for claiming compensation for damages suffered in the accident: property losses include invoices, maintenance bills, and documents for appraisal losses; Personal injury materials include medical expense bills, hospitalization records, diagnosis certificates, lost work certificates, income certificates, tax payment certificates, transportation expense bills, nutrition expense bills, disability certificates, etc.
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1. A power of attorney is required for ID card or entrusting ** person.
2. If it is a vehicle during the accident, the insurance policy will be provided.
3. Materials for claiming compensation for damages suffered in the accident: property losses include invoices, maintenance bills, and documents for appraisal losses; Personal injury materials include medical expense bills, hospitalization records, diagnosis certificates, lost work certificates, income certificates, tax payment certificates, transportation expense bills, nutrition expense bills, disability certificates, etc.
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The traffic management department of the public security organ shall, within 10 days from the date of on-site investigation, make a road traffic accident identification document. There is no necessary connection with whether or not to be cremated.
Regulations on Procedures for Handling Road Traffic Accidents
Article 47 The traffic management department of the public security organ shall, within 10 days from the date of on-site investigation, make a road traffic accident identification document. In traffic hit-and-run cases, a road traffic accident certificate shall be prepared within 10 days after the vehicle and driver involved in the traffic accident are seized. Where it is necessary to conduct an inspection or appraisal, a road traffic accident identification document shall be drafted within five days from the date on which the conclusion of the inspection or appraisal is determined.
In the event of a fatal accident, the traffic management department of the public security organ shall, before making a road traffic accident certificate, convene all parties to the scene and publicly investigate and obtain evidence. Evidence that witnesses request confidentiality or that involves state secrets, commercial secrets, or personal privacy must not be disclosed. If the parties are not present, the traffic management department of the public security organ shall be recorded.
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Please wait for 2 minutes, it is recommended not to cremate first, and then cremation after the accident responsibility certificate is made, and then you must wait for the accident responsibility letter to come down, and then you start cremation, otherwise if you are cremated at the beginning, you have no way to examine the body.
Proof materials required for cremation: the key is to see in the ** death. If the death was made in a hospital, a death certificate issued by the hospital is sufficient.
If you die at home, you need to find the local social and neighborhood committee to issue a death certificate before cremation, or you can call 120 and ask 120 to come to the door to issue a death certificate and then cremation. A normal death does not need to be reported to the police station, but only an unnatural death (criminal case) needs to be reported.
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